Collective Negotiation Agreement: 1 15 Eugenio Jose V. Lacson Governor
Collective Negotiation Agreement: 1 15 Eugenio Jose V. Lacson Governor
WITNESSETH:
“For this purpose, the Province shall grant such amount as may be
deemed proper by both parties after the implementation of their cost-
cutting program to constitute the CNA Incentive Bonus in accordance
with the pertinent rules and guidelines relative therewith.”
Whereas, after the Civil Service Commission (CSC) accreditation and registration
of the Progressive Alliance of Capitol Employees (PACE) as the sole and exclusive
negotiating agent of all rank-and-file employees in the Provincial Government of Negros
Occidental through certificate of Registration No. 808 and certificate of Accreditation No.
738 pursuant to Resolution No. 09829 dated June 8, 2009, hereto attached Annex” A
and “B”, respectively”.
Whereas, this is pursuant to Section 8, Article lll, of the Bill Rights embodied in the
1987 Constitution of the Republic of the Philippines, which recognizes the rights of the
people, including those employed in the public sector, to form unions, association or
societies for purposes not contrary to law;
Whereas, the same constitution protects the rights of the workers and promotes
their welfare which, Section 18, Article ll, thereof affirms that labor is a primary social
economic force;
Whereas, the Province and the union have mutually agreed to renew, modify,
stipulate new provisions in the previous CNA in order to promote a good working
environment, which would truly enhance the employee’s welfare and productivity, and to
build a labor-management relationship that would ensure an effective and efficient
public service.
NOW, therefore, for and in consideration of the foregoing premises, the parties
hereby renew the CNA subject to the following conditions, incorporating therein
modifications and new stipulations:
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
Section 1. The Province and the Union shall recognize the basic rights of the workers
to living wage, security of tenure and humane working environment;
Section 2. The Province and the Union shall agree to observe national policies, as well
as policies of international organizations that the Philippines has ratified,
regarding the right of workers to self-organization ,the right to secure a CNA
Section 3. The Union shall, at all time, respect the authority and prerogative of the
Province to impose or implement laws or policies governing the terms and
conditions of employment in the province in accordance with the Civil
Service Rules.
ARTICLE II
MANAGEMENT AND EMPLOYEES RELATION
Section 5. The Province shall establish a grievance machinery and procedure that
conform to Section 5, Rule ll (Complaints and Grievance) of the Omnibus
Rules Implementing Book V of Executive Order No. 292;
Section 6. The Union shall endeavor to promote the faithful performance of its
mandated
Functions for the effective and efficient delivery of basic public services and
shall police its ranks for any acts contrary to law as well as violations of Civil
Service Rules and Regulations, and any other pertinent guideline,
memorandum or issuance.
The Union shall recommend to the Province, capable and qualified labor, for
the maintenance of comfort rooms, offices, hallways, including Job Orders
in the maintenance of hospital comfort rooms, offices, hallways and other
hospital needs.
ARTICLE III
DEFINITION OF TERMS
Section 7. For the purpose of this Agreement, the terms used herein shall mean as
follows:
7.3 “The Governor”shall refer to the local chief executive of the Province of
Negros Occidental;
c. children who are twenty-one (21) years old or above but suffering
from congenital disability, either physical or mental, or any
disability acquired that renders them totally dependent on the
member for support: and
d. parents who are sixty (60) years old or above, not otherwise an
enrolled member, whose monthly income is below an amount to
be determined by Philippine Health Insurance (Phil health) in
accordance with the guiding principles set forth in the R.A. 7875,
or the Philippine National Health Insurance Act of 1995.
7.8 EO No. 180 shall refer to executive order No. 180 issued by former Pres.
Corazon C. Aquino dated June 1, 1987. Providing “Guidelines for the
Exercise of Right to Organize of Government Employees; the creation of
Public Sector Labor Management Council and for other purposes
stipulated.”
7.9 “Employee (s)” refers to any person working for the Province. If includes
one whose work has ceased in connection with any current employee
management dispute or unfair labor practice or whose dismissal from the
service has not attained finality.
7.10 “Grievance” shall refer to complaints that in the employee’s opinion have
been ignored, overridden, or dropped without due consideration. .
7.11 “Grievance Procedure” shall refer to the method of determining and
finding the remedies on specific cause/s of complaint or grievance.
7.12 Grievance Machinery refers to the Union’s Executive Board, which shall
entertain disputes herein after mentioned in this agreement.
7.13 High Level Employees shall refer to employees whose functions are
normally considered policy determining, managerial or one whose duties
are highly confidential in nature.
ARTICLE IV
COVERAGE
8.1 Eligibility for membership in the Union shall commence on the first day of
the employees’ service.
8.2 Watchmen and other personnel who, by the nature of their functions, are
authorized to carry firearms, as a rule, are not eligible to form, join or
assist the Union for purposes of collective negotiations unless the
Province expressly allows them to join the Union.
ARTICLE V
UNION PRIVILEGES, RIGHTS AND REPRESENTATION
9.1 In support of the Union’s Primary task which is to serve its members, the
Province hereby agrees to improve the office space presently occupied
by the Union. In this instance, the Union shall submit its proposed office
improvement to the Governor for approval. The Governor, on the other
hand, may approve the proposed office improvement subject to
availability of funds, and still commits to sustain the Union’s free use of
electricity at the Provincial Administration Center.
9.2 Whenever available, the Province shall provide the union office
equipment, transportation, communications, and other facilities that may
be necessary to its existence and operation subject to prior approval of
the Governor.
9.4 Subject to limitations set by law, the Province shall recognize all Union
activities as part of official time; provided, that such activities have the
prior knowledge and approval of the Governor of his authorized
representative.
9.5 Officers of the Union, particularly the members of its Board of Directors,
shall be granted the privilege to perform their duties and responsibilities
on official time, provided that, the discharge thereof does not disrupt their
regular duties in their respective offices, and that the
department/Division/Office Head who is supervisor of such Union Official
concerned has agreed/consented that such Union Official would perform
his/her duties and responsibilities on official time.
10.1 The Province recognizes the right of employees to avail any or all
mandated or special leave benefits, including the monetization of leave
benefits, including the monetization of leave credits from a minimum of
ten (10) days to a maximum of twenty (20) days to be charged against
the employees’ vacation or/ and sick leave credits, whichever the
employees may have left in accordance with Section 23 of the Civil
Service Memorandum Circular no. 41, Series of 1998. For valid and
justifiable reasons subject to the discretion of the Governor and
availability of funds, an employee may apply for the monetization of his
vacation or/ and sick leave credits of up to fifty percent (50%) thereof.
10.3 The Province hereby agrees to grand the members of the Union an
additional seven (7) days non-cumulative special leave privilege, on top
of the existing three (3) days CSC special leave privilege. It is hereby
understood however, that the granting of the same shall be subject to the
approval of the CSC.
12.1 The province shall provide adequate supply of safe, potable drinking water
in every department/ division/ office, the procurement of which shall be
chargeable against the Maintenance on Operating Expenses (MOOE) of
every department of the Province;
12.2 On top of the healthcare program of the Union and the benefits derived
from the Phil health, the Province agrees to provide the members of the
Union including their declared dependents, free hospitalization services at
the provincial and district hospitals.
12.3 The Province, further agrees to provide the members of the Union free
dental services at the provincial dental clinic.
13.1 Members of the Union deemed qualified for compulsory retirement shall,
upon their retirement, be given one (1) salary grade adjustment in his/her
salary subject to CSC rules and regulations.
14.1 Study leave. The Province shall grant a study leave benefits which is a
time off from work not exceeding six (6) months with pay for qualified
officials and employees to help them prepare for their bar or board
examinations or complete their master’s degree subject to the terms and
conditions provided under the Omnibus Rules on leave. Anent thereto,
the Province agrees to promulgate new guidelines in consultation with the
Union representatives to determine the beneficiaries of the program and
correspondingly propose an ordinance to be passed by the Sangguniang
Panlalawigan for this purpose.
For this purpose, the Province shall grant such amount as maybe deem
proper by both parties after the implementation of their cost-cutting
program to constitute the CNA Incentives Bonus in accordance with the
pertinent rules and guidelines relative therewith.
The Employees’ Day commemorates not only the birth of the Union but it
is aimed to foster camaraderie among the employees and instill the spirit
of public unionism as an effective avenue in pursing the employees’
welfare through collective representation.
ARTICLE VI
SPORTS AND CULTURAL DEVELOPMENT PROGRAM
Section 18. An Annual Sports and Cultural Activity or Sports fest shall be conducted
each year. The activity shall be under the direction or management of the
Union and the Province which includes the Governors’ Cup and the PACE
CUP, and such other sports and cultural activities that the Union may
undertake subject to the approval of the Governor.
Section 19. Subject to availability of funds, the Province shall provide for the support
of the employees’ Annual Sports and Cultural Activity and all the other
activities necessary for the promotion of the professional, physical and
mental well-being of the employees.
ARTICLE VII
REORGANIZATION, RECRUITMENT, PROMOTION AND TERMINATION
ARTICLE VIII
WORKING HOURS/SALARY/PAY INCENTIVES
24.1 In conformity with CSC MC No. 14, Series of 1989 and upon
recommendation of the Department/Division/Office Head, the Governor
may allow the practice of flexi-time schedule to employees under the
following conditions:
23.1.1 Those who are residing outside of Bacolod City with a distance of
not less than fourteen (14) kilometers;
23.1.2 Those who are pursuing further studies who may be required
adjustment of work schedule to fit their class hours; and,
23.1.3 Those who request for flexi-time schedule with justifiable reasons.
Section 26. In accordance3 with existing rules, the terms and conditions of
employment or improvement may be the subject of negotiation on the
bargaining table, except those that are fixed by law.
Section 27. Based on existing rules, the Province and the Union shall focus their
negotiation on the following matters:
ARTICLE X
UNION FEES AND DUES
28.1 The parties hereby agree to adopt the established system on deduction of
Union dues from the employees’ payroll as enforced and practiced under
the old CNA.
28.2 In case the Union decides to increase the agency fee, the Province, after
due notice, allow the automatic deduction of the member’s Check-off Dues
from the payroll in the amount approved in a general assembly called for
the purpose.
PROVIDENT FUND
31.1 The Province shall establish the Provident Fund in accordance with
Executive Order No. 641, dated July 25, 2007 and Budget Circular No.
2008-3, dated June 20, 2008.
31.2 In accordance with the foregoing issuances, the Governor shall create the
interim Board of Trustees to lay down the ground work and procedure for
the election of the Members of the Board of Trustees.
31.3 The Elections of the Members of the Board of Trustees shall be held upon
the ratification of the Provincial Government employees of the Agreement.
(New Stipulation)
31.4 The Union may assist in the establishment of the Provident Fund but the
fixing and collection of fees from the Province and its employees remain
under the responsibility of the Members of the Board of Trustees
ARTICLE XII
Section 32. This Article shall apply to Union related issues not covered by the Civil
Service Law, rules and regulations on grievance machinery.
Section 33. The Union Executive Board shall constitute as the Union’s Grievance
Machinery, which shall entertain disputes arising from among and
between Union officials and members including intra-employee’s
organization dispute as defined above.
33.3 If the subject of the grievance is the majority members of the Executive
Board or the Executive Board itself, the grievance shall be elevated to the
appropriate body authorized under the Rules to entertain the same.
However, the Executive Board may refer the grievance to the PACE
Committee on Conciliation and Mediation depending upon the seriousness
and magnitude of the issue involved.
ARTICLE XIII
ENTIRETY CLAUSE
Section 34. The parties hereby agree that all the terms and provisions herein
contained shall constitute the entire agreement between the parties.
ARTICLE XIV
SAVING CLAUSE
Section 35. Should any part or provision of this Agreement be held contrary to law or
declared null and void by any court of competent jurisdiction, or
subsequently modified or amended by mutual consent of the parties, the
remaining provisions hereof shall continue to be valid and effective
ARTICLE XV
EFFECTIVITY, PERIOD, ENFORCEMENT, AND REGISTRATION OF CNA
Section 36. Effectivity.
This agreement shall take effect immediately upon the signing hereof by
the parties and ratification by the majority of the Union members.
This Agreement shall remain in force and in effect for a period of three (3)
years beginning from the date of signing by the Parties herein, unless or
until the Parties mutually agree to amend, revise or terminate the same.
Section 38. Enforcement
IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of
_____________, 2020 in the City of Bacolod, Negros Occidental, Philippines.
__________________ __________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Bacolod, this
___day of ___________, personally came and appeared Negros
Occidental Governor Eugenio Jose V. Lacson and Renelo Lastierre who
exhibited to me their ID No. 010298261 issued on ____________ to
_____________, and Office ID No. __________ issued by the Province of
Negros Occidental respectively, both known to me and to me known to be
the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and
deed as well as that of the agencies/institutions they respectively
represent.
WITNESS MY HAND AND SEAL at the place and on the date first
above written.